5 months ago I appeared at a hearing for a wage garnishment claim of exemption. The judge granted my claim of exemption and stated that my wages were not to be garnished due to my wages being garnished for a different matter and that all monies were to be returned to me. Last week I received a earning withholding order from my employer to garnish wages again for the EXACT same case number which the judge already ruled on. There has not been any change in finances and garnishment from the other matter is still ongoing. Does the minute order still stand? What are my rights? I plan on filing a ex parte application motion Monday morning with the court to see if this can be stopped.
Second question on my ex parte application what should I list my title as? "Ex Parte Application for what?"
May I suggest doing something to address the debt directly rather than juggle the collection defenses. You should speak with a debt resolution specialist in San Diego
The judge's order in this matter is not of a lifetime duration. A judgment creditor can re-garnish your wages after 6 months have passed from the first time. You can reapply for 100% exemption if you want. If you finances have changed for the better, this time the judge's order might be different. If your finances are the same or worse, the judge's order might be the same.
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